2001 REGULAR SESSION (71st) A AB650 989
Amendment Box: Replaces Amendments Nos. 766 and 829. Resolves conflicts with A.B. No. 181, A.B. No. 299, A.B. No. 487 and S.B. No. 231.
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sec. 2 and adding:
“Sec. 2. (Deleted by amendment.)”.
Amend sec. 4, page 3, line 4, after “as” by inserting “otherwise”.
Amend sec. 4, page 3, by deleting lines 16 through 20 and inserting:
“be deemed to be or treated as a penal institution.
4. Except as otherwise provided in this subsection, a detention home built and maintained under this chapter must not adjoin, be located on the same grounds as, or share common facilities or common grounds with a prison, an adult jail or an adult lockup. If a detention home built and maintained under this chapter complies with the provisions of 28 C.F.R. § 31.303 relating to collocated facilities, the detention home may adjoin, be located on the same grounds as, or share common facilities or common grounds with an adult jail or an adult lockup.
5. In addition to detention homes, a county may provide and maintain”.
Amend sec. 26, page 19, by deleting lines 12 through 18 and inserting:
“the county clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the county clerk pursuant to subsection 4, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of”.
Amend sec. 26, page 19, by deleting line 20 and inserting:
“4. Before the board appoints a committee pursuant to [subsection 1,] this section, the”.
Amend sec. 26, page 19, line 29, by deleting “3.” and inserting “5.”.
Amend sec. 26, page 19, line 30, by deleting:
“by subsection 1,” and inserting:
“pursuant to this section,”.
Amend sec. 26, page 19, line 32, by deleting “4.” and inserting “6.”.
Amend sec. 26, page 19, by deleting lines 37 through 42 and inserting:
“(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and”.
Amend sec. 26, page 19, line 43, by deleting:
“arguments and rebuttals” and inserting:
“argument and rebuttal”.
Amend sec. 26, page 19, line 45, by deleting “5.” and inserting “7.”.
Amend sec. 26, page 19, line 46, by deleting “5.” and inserting “7.”.
Amend sec. 26, page 20, line 3, by deleting “6.” and inserting “8.”.
Amend sec. 26, page 20, by deleting lines 4 and 5 and inserting:
“section, the county clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
FLUSH
Not later than 5”.
Amend sec. 26, page 20, line 14, by deleting “7.” and inserting “9.”.
Amend sec. 26, page 20, line 17, by deleting “6.” and inserting “8.”.
Amend sec. 26, page 20, line 21, by deleting “8.” and inserting “10.”.
Amend sec. 26, page 20, line 22, by deleting:
“a committee pursuant to subsection 1.” and inserting:
“committees pursuant to this section.”.
Amend sec. 26, page 20, line 23, by deleting “a committee,” and inserting:
“committees pursuant to this section,”.
Amend sec. 26, page 20, line 24, by deleting “5.” and inserting “7.”.
Amend sec. 27, page 20, line 29, by deleting “clerk,” and inserting “clerk”.
Amend sec. 27, page 20, by deleting lines 30 through 35 and inserting:
“subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the city clerk pursuant to subsection 4, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon”.
Amend sec. 27, page 20, by deleting line 38 and inserting:
“4. Before the council appoints a committee pursuant to this section,”.
Amend sec. 27, page 20, line 47, by deleting “3.” and inserting “5.”.
Amend sec. 27, page 20, line 48, by deleting:
“by subsection 1,” and inserting:
“pursuant to this section,”.
Amend sec. 27, page 21, line 1, by deleting “4.” and inserting “6.”.
Amend sec. 27, page 21, by deleting lines 6 through 11 and inserting:
“(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and”.
Amend sec. 27, page 21, line 12, by deleting:
“arguments and rebuttals” and inserting:
“argument and rebuttal”.
Amend sec. 27, page 21, line 14, by deleting “5.” and inserting “7.”.
Amend sec. 27, page 21, line 15, by deleting “5.” and inserting “7.”.
Amend sec. 27, page 21, line 21, by deleting “6.” and inserting “8.”.
Amend sec. 27, page 21, by deleting lines 22 and 23 and inserting:
“section, the city clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
FLUSH
Not later than 5 days”.
Amend sec. 27, page 21, line 31, by deleting “7.” and inserting “9.”.
Amend sec. 27, page 21, line 34, by deleting “6.” and inserting “8.”.
Amend sec. 27, page 21, line 38, by deleting “8.” and inserting “10.”.
Amend sec. 27, page 21, line 39, by deleting:
“a committee pursuant to subsection 1.” and inserting:
“committees pursuant to this section.”.
Amend sec. 27, page 21, line 40, by deleting “a committee,” and inserting:
“committees pursuant to this section,”.
Amend sec. 27, page 21, line 41, by deleting “5.” and inserting “7.”.
Amend the bill as a whole by renumbering sections 60 and 61 as sections 61 and 62 and adding a new section designated sec. 60, following sec. 59, to read as follows:
“Sec. 60. Section 12 of Assembly Bill No. 487 of this session is hereby amended to read as follows:
Sec. 12. NRS 283.040 is hereby amended to read as follows:
283.040 1. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.
(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give the bond within the time prescribed by law.
(f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be an actual, as opposed to constructive, resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.
(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the state or county, as provided by law. In a county whose population is less than 15,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:
(1) The medical condition of the incumbent;
(2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and
(3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.
(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.
(i) A determination pursuant to section 2 or 8 of this act that the incumbent fails to meet any qualification required for the office.
2. Upon the happening of any of the events described in subsection 1, if the incumbent fails or refuses to relinquish his office, the attorney general shall, if the office is a state office or concerns more than one county, or the district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.”.
Amend sec. 61, page 45, by deleting line 23 and inserting:
“Sec. 62. 1. This section and sections 1, 3, and 5 to 60, inclusive, of this act become effective on July 1, 2001.
2. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.